UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on 14th day of December, 2010 quashing the proceedings and judgment of the Customary Court of Calabar in suit No .CV/49/2001.
Briefly, the Appellant claimed that her mother and the Respondent's mother in-law jointly owned the property No.28 Edem Odo Street, Calabar. The Appellant as plaintiff had sued the Respondent as defendant in the Customary Court asking the court to share the property between them in Suit No.CV/49/2001.
The Respondent however filed a suit No.HC/342/2009 in the High Court by way of writ of certiorari asking the court to quash the proceedings and judgment of the Customary Court obtained in 2001. The Respondent claimed that her mother in-law Madam Atim Inameti built the property single handedly and gave her sister Iquo Inameti one room. Upon her demise in 1986, the Son Mr. Orok Okon Effiong the h…